The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. At the time of stopping the instant crime, the Defendant was drunk and was in a state of mental disability.

B. The sentence imposed by the lower court on the Defendant (two years of suspended execution for four months of imprisonment, forty hours of orders to complete sexual assault treatment programs, and one hundred hours of community service order) is too unreasonable.

2. Determination

A. According to the records of mental and physical disability, even though the defendant was found to have committed the crime of this case while drinking, in light of the circumstances before and after the crime was committed, the circumstances leading to the crime, and the defendant's behavior at the time, etc., it cannot be deemed that the defendant had weak ability to discern things or make decisions due to drinking at the time of stopping the crime of this case. Thus, the defendant's assertion of mental and physical disability is without merit.

B. Although it is difficult to view that the defendant's mistake is against nature and the degree of indecent act against the victim is significant, the defendant has already been punished by imprisonment for the same kind of crime. However, considering the motive and background leading up to the crime of this case, the circumstances before and after the crime of this case, the defendant's age, character and conduct, environment, occupation and family relation, etc., the defendant's punishment imposed by the court below cannot be deemed unfair because it is too unreasonable. Thus, the defendant's assertion of unfair sentencing is without merit.

3. As such, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit.

However, Article 14(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes is clear in the application of the law of the lower judgment, since the term “Article 11 of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes” is an erroneous entry under Article 11 of the Act.